Detailed Answer
Verifying all individuals with an interest in real property means identifying every party that holds a legal or equitable stake in land. These parties can include owners (individuals, businesses, trusts, or estates), lenders, lienholders, lessees, easement holders, and others. You perform a title search to trace the chain of title and uncover recorded documents that create or affect these interests.
Who Has an Interest in Real Property?
- Individual owners
- Corporations, limited liability companies, partnerships
- Trusts (revocable or irrevocable)
- Estates (probate or small estate)
- Mortgage lenders and lienholders
- Easement and leasehold interest holders
Process of Verifying Interests
- Conduct a complete chain of title search at the county recorder’s office.
- Review deeds, mortgages, liens, easements, and court judgments.
- Identify all named parties and note their recorded capacities.
- Obtain supporting documentation to confirm each party’s legal identity and capacity.
Required Documentation
To confirm each party’s identity and capacity, gather the following:
- For individuals: government-issued photo ID (e.g., Washington driver’s license, passport), date of birth, current address.
- For corporations: articles of incorporation, certificate of good standing from the Secretary of State (RCW 23.95.050).
- For limited liability companies: articles of organization and operating agreement, certificate of good standing (RCW 25.15.132).
- For trusts: certificate of trust under the Washington Trust and Estate Dispute Resolution Act (RCW 11.96A.160).
- For estates: letters testamentary or letters of administration issued by a court (RCW 11.40.010).
- Properly acknowledged deeds and instruments containing the legal description and names of grantors/grantees (RCW 65.04.010, RCW 64.04.015).
- If a party’s name differs on various documents, provide an affidavit of identity or a name-change document.
Statutory Requirements
State law sets minimal standards for recorded documents:
- All deeds must specify the grantor’s and grantee’s full legal names and include a legal description of the property (RCW 65.04.010).
- Instruments must bear a proper acknowledgement by a notary public to be recorded (RCW 64.04.015).
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Start with a full title search at the county recorder’s office to uncover all recorded instruments.
- Gather photo IDs and supporting entity documents before closing.
- Confirm marital status and community property interests in Washington.
- Use affidavits when names or capacities on documents conflict.
- Consult a real estate attorney or title professional for complex ownership structures.